What does the TCPA cover?

The TCPA was designed to safeguard consumer privacy by restricting companies from engaging in unwanted telemarketing communications practices and over time, the FCC interpreted the TCPA to also cover text-based telemarketing or telesales. Enforcement of the TCPA’s regulations is constantly evolving, and you should consult with an attorney informed about the most current rulings and how they apply to your call center operation.

For more details on the latest rulings and developments related to TCPA compliance, explore our coverage of the latest TCPA compliance trends.

What is TCPA compliance?

TCPA compliance refers to an organization or individual’s adherence to TCPA regulations, which cover a broad range of topics related to dialing and outreach practices for both marketing and non-marketing purposes. Convoso recommends seeking independent legal counsel to ensure that your contact center is compliant with the TCPA.

A few examples of TCPA rules include:

• All lists/leads need to be scrubbed against the Do-Not-Call (DNC) list
• Gathering express-written consent from leads is required if you are using an autodialer that falls under the TCPA’s definition of an ATDS
• Dialing leads with pre-recorded messages or automated assistants (such as IVA solutions) is prohibited without express-written consent

What is a TCPA compliant autodialer?

The TCPA applies to a variety of different outbound dialing practices, so the use of a particular dialer will never guarantee TCPA compliance.

However, some dialers come with settings and tools that can help support TCPA compliant practices. Moreover, the TCPA does specifically place limits on the use of automatic telephone dialing systems (ATDS). Namely the TCPA requires that, in order to use an ATDS to contact cell phones, the caller must obtain the prior express written consent of the recipient.

What the FCC deems an ATDS is a matter that’s changed quite a bit over time and is still a focal point of current case law. While the TCPA statutes define an ATDS as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers,” the courts have nevertheless previously held that a predictive dialer constitutes an ATDS. In this case, leads must provide express-written consent before they can be dialed.

While Convoso does not utilize either of these techniques, we highly recommend continuing to gather express-written consent from leads. Not only will this help support TCPA compliance, but it will help ensure that you’re calling quality, higher-intent leads that have an interest in your products or services.

Learn the 5 critical steps to consent-based marketing.

Can you use a predictive dialer and be TCPA compliant?

Yes, but the dialer itself will never guarantee TCPA compliance. Convoso recommends seeking independent counsel to review your predictive dialer and dialing practices to ensure that you are in compliance with the TCPA.

Dig deeper with 10 outbound dialing best practices for compliance and performance.

Does the TCPA govern manually dialed calls?

Yes. The TCPA regulates all types of outbound contact via telephone. This includes autodialed and manual calls, as well as outbound text messages, faxes, voice messages, and automatic dialing systems.

Does the TCPA cover emails?

No. In 2019, a federal court ruled that outbound emails are not subject to TCPA rules, even when they are received on a smartphone.

Does the TCPA cover ringless voicemail?

The FCC considers considers a ringless voicemail to be a call made using an artificial or prerecorded voice. For this reason, under the TCPA, a caller must obtain the recipient’s prior express written consent before delivering a ringless voicemail, as well as comply with other prerecorded message requirements.

What is the maximum abandonment rate allowed by the TCPA?

An amendment to the TCPA restricts the allowable call abandonment rate. Each separate campaign is allowed a maximum abandonment rate of 3% under the TCPA. This rate is measured in increments of 30 days. The abandonment rate can be calculated as follows: (Total number of calls abandoned / (The total number of calls answered by a live person plus total number of abandoned calls)) x 100

How long does TCPA consent last?

Consent obtained for the sake of the TCPA does not have an expiration date. However, it may be revoked by the consumer at any time. Additionally, the consent is tied to the individual consumer, not the phone number itself. Thus, when a phone number is transferred to another user, a business does not necessarily maintain consent to call that number. Lastly, your consumer consent is only valid if it can be proven. Consent record-keeping is a critical component of any TCPA compliance policy. Experts recommend keeping records of express written consent for 5 years in order to help bolster protection against legal action.

What is the penalty for a TCPA violation?

The TCPA allows for a fine of up to $500 per violation. When violations are determined by a court to be willful, TCPA fines are tripled, and levied up to $1,500 per violation. In addition, there is no cap on statutory damages—and violations can quickly add up to damaging sums.

Does the TCPA apply to calls to businesses?

Yes. B2B and B2C calls and texts are subject to the same wireless restrictions under the TCPA.

What is Mini-TCPA?

“MIni-TCPA” is not an official designation, but is a term that has been commonly adopted to refer to state telemarketing laws. Following the U.S. Supreme Court’s 2021 holding in Facebook v. Duguid, many states are updating state-specific telemarketing legislation.

Learn about the Convoso StateTracker, a purpose-built tool to support outbound sales teams with Mini-TCPA compliance.